MA9-03290
The claimant failed to establish the objective element of a well-founded fear of persecution because country conditions in Bangladesh have changed (notably the 2008 election of a secular government and reported police reforms) and adequate state protection is available; therefore he is neither a Convention refugee nor a person in need of protection.
- Citation
- MA9-03290
- Parties
- Claimant: XXXXXX XXXXX; Respondent: Minister
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 31 March 2011
- Procedural Posture
- Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision of the Refugee Protection Division Following Hearing
- Outcome
- Claimant's refugee protection claim rejected.
- Legal Topics
- Convention Refugee, Person in Need of Protection, Well Founded Fear of Persecution, Religious Persecution, State Protection, Change of Country Conditions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXXX XXXXX
Claimant
Minister
Respondent
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision of the Refugee Protection Division Following Hearing
Legal Issues
- 1 Whether the claimant is a Convention refugee
- 2 Whether the claimant is a person in need of protection
- 3 Whether the claimant established a well-founded fear of persecution based on religion and community activities
Ratio Decidendi
The claimant failed to establish the objective element of a well-founded fear of persecution because country conditions in Bangladesh have changed (notably the 2008 election of a secular government and reported police reforms) and adequate state protection is available; therefore he is neither a Convention refugee nor a person in need of protection.
Court Disposition
Claimant's refugee protection claim rejected.
Orders
- Refugee protection claim rejected.
Full Case Text
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